APPENDIX D EA Conditions Review D-1: Federal EA Conditions Review D-2: Provincial EA Conditions Review

Transcription

1 APPENDIX D EA Conditions Review D-1: D-2: Provincial EA Conditions Review Côté Gold Project Environmental Effects Review Report September 2018 EA: EA ; EAIMS: 13022; CEAA: 80036

2 D-1:

3 CÔTÉ GOLD PROJECT - ENVIRONMENTAL EFFECTS REVIEW The Environmental Effects Review (EER) process included a review of the conditions of approval outlined in the Decision Statement issued under Section 54 of the Canadian Environmental Assessment Act, 2012 by the Federal Minister of Environment and Climate Change on April 13, The review was conducted to confirm applicability of the EA conditions in context of the refinements to the Project as described in the EER. Results of the review are presented in the table below. Item Category Condition Timing/ Applicability to EER 1 Definitions 1.1 Agency means the Canadian Environmental Assessment Agency. 1.2 Baseline means the environmental conditions prior to initiating construction of the Designated Project. 1.3 means the phase of the Designated Project during when site preparation, building or installation of any components of the Designated Project are undertaken by the Proponent. 1.4 Days means calendar days. 1.5 Decommissioning means the phase of the Designated Project where the Proponent has permanently ceased commercial production and has commenced removal from service of any components of the Designated Project, and continues until the site is restored and the open pit is filled with water. The Designated Project has been updated and is described in the EER project description (Chapter 4). Notification, consultation and documentation have been completed as required by Condition 2.10 and With respect to Condition 1.15, IAMGOLD requests that Brunswick House First Nation be removed from the list of First Nations potentially affected by the Project. We understand that there are no expected potential Project effects within Brunswick House First Nation s traditional territory as confirmed through conversations with the 1

4 Item 1 Category Condition Timing/ Applicability to EER Definitions 1.6 Designated Project means the Côté Gold Mine Project as described in section 2 of the environmental assessment report prepared by the Canadian Environmental Assessment Agency (Canadian Environmental Assessment Registry Reference Number 80036). 1.7 Effluent means effluent as defined in subsection 1(1) of the Metal Mining Effluent Regulations. 1.8 Environment and Climate Change Canada means the Department of the Environment as established under subsection 2(1) of the Department of the Environment Act. 1.9 Environmental effects means environmental effects as described in section 5 of the Canadian Environmental Assessment Act, Fish means fish as defined in subsection 2(1) of the Fisheries Act Fish habitat means fish habitat as defined in subsection 2(1) of the Fisheries Act Fisheries and Oceans Canada means the Department of Fisheries and Oceans as established under subsection 2(1) of the Department of Fisheries and Oceans Act. community s Lands and Resource Coordinator (July 4, 2013 and March 27, 2014) who was then Chief of Brunswick House First Nation at the time the Draft EA Report was prepared. It remains IAMGOLD s understanding that the Project is not situated within the traditional territory of Brunswick House First Nation. This is consistent with the Agency s view expressed in the Agency s Draft EA Report (page 29) which noted: The Agency is of the view that the Project is located in an area adjacent to the traditional territory of the Brunswick House First Nation and that it is not anticipated that Project effects will extend into the territory used by the Brunswick House First Nation for the exercise of their Aboriginal or treaty rights. Additionally throughout the environmental assessment, the Brunswick House First Nation did not identify any traditional land uses in the project area. IAMGOLD s understanding and the understanding expressed by the Agency is not supportive of the 2

5 Item 1 Category Condition Timing/ Applicability to EER Definitions 1.13 Follow-up program means follow-up program as defined in subsection 2(1) of the Canadian Environmental Assessment Act, Heritage value means the aesthetic, historic, scientific, cultural, social or spiritual importance or significance for past, present or future generations. Brunswick House First Nation continuing to be included in the list of Aboriginal Groups as defined by the Agency for the conditions on the Côté Gold Project Indigenous groups means Mattagami First Nation, Flying Post First Nation, Brunswick House First Nation, and Métis represented by the Métis Nation of Ontario Region 3 Consultation Committee Listed species at risk means a species that is listed on the List of Wildlife Species at Risk set out in Schedule 1 of the Species at Risk Act Migratory bird means migratory bird as defined in subsection 2(1) of the Migratory Birds Convention Act, Mine rock means rock which does not contain any minerals in sufficient concentration to be considered ore, but which must be removed in the mining process to provide access to the ore Mine waste means the waste products generated from mining, and includes overburden, waste/mine rock, low grade ore and tailings. 3

6 Item 1 Category Condition Timing/ Applicability to EER Definitions 1.20 Mitigation measures means mitigation measures as defined in subsection 2(1) of the Canadian Environmental Assessment Act, Offsetting plan means offsetting plan as defined in section 1 of the Applications for Authorization under paragraph 35(2)(b) of the Fisheries Act Regulations and compensation plan as described in subsection 27.1 of the Metal Mining Effluent Regulations Operation means the phase of the Designated Project during which the commercial production takes place Process water means water that is added to crushed ore during extraction of gold at the ore processing plant Progressive reclamation means a planned approach to reclamation which is carried out concurrently with all phases of the Designated Project to progressively return any physically disturbed areas to a state as close to the baseline as possible, as soon after the disturbance as practical Project footprint means the geographic area occupied by mining-related project components at the mine site, and the transmission line alignment. 4

7 Item 1 Category Condition Timing/ Applicability to EER Definitions 1.26 Property boundary means the extent of lands for which the Proponent controls surface access Proponent means IAMGOLD Corporation and its successors or assigns Qualified individual means someone who, through education, experience and knowledge relevant to a particular matter, may be relied on by the Proponent to provide advice within his or her area of expertise Record means record as defined in subsection 2(1) of the Canadian Environmental Assessment Act, Reporting year means from April 1 of a calendar year through March 31 of the subsequent calendar year Structure, site or thing of historical, archaeological, paleontological or architectural significance means a structure, site or thing that is determined, on the basis of heritage value, to be directly associated with an important aspect or aspects of human history or culture Transport Canada means the Department of Transport as established under subsection 3(1) of the Department of Transport Act. 5

8 Item 1 Category Condition Timing/ Applicability to EER Definitions 1.33 Water frequented by fish means water frequented by fish as defined in section 34 of the Fisheries Act. 2.1 General conditions The Proponent shall, throughout all phases of the Designated Project, ensure that its actions in meeting the conditions set out in this Decision Statement are considered in a careful and precautionary manner, promote sustainable development, are informed by the best available information and knowledge, including community and Indigenous traditional knowledge, are based on validated methods and models, are undertaken by qualified individuals, and have applied the best available economically and technologically feasible mitigation measures. 6

9 Item Category Condition Timing/ Applicability to EER 2.2 General conditions The Proponent shall, where consultation is a requirement of a condition set out in this Decision Statement: provide a written notice of the opportunity for the party or parties being consulted to present their views and information on the subject of the consultation; provide sufficient information and a reasonable period of time to permit the party or parties being consulted to prepare their views and information; provide a full and impartial consideration of any views and information presented by the party or parties being consulted; and advise the party or parties that have provided comments on how the views and information received have been considered by the Proponent. 7

10 Item Category Condition Timing/ Applicability to EER 2.3 General conditions The Proponent shall, where consultation with Indigenous groups is a requirement of a condition set out in this Decision Statement, and prior to initiating that consultation, communicate with each Indigenous group to determine the manner by which to satisfy the consultation requirements referred to in condition 2.2, including methods of notification, the type of information and the period of time to be provided when seeking input, the process for full and impartial consideration of any views and information presented and the means by which each Indigenous group will be informed of how the views and information received have been considered by the Proponent. 8

11 Item Category Condition Timing/ Applicability to EER 2.4 General conditions The Proponent shall, where a follow-up program is a requirement of a condition set out in this Decision Statement: undertake monitoring and analysis to verify the accuracy of the environmental assessment as it pertains to the particular condition and/or to determine the effectiveness of any mitigation measure(s); determine whether additional mitigation measures are required based on the monitoring and analysis undertaken pursuant to condition 2.4.1; and if additional mitigation measures are required pursuant to condition 2.4.2, implement the additional mitigation measures and monitor them pursuant to condition General conditions Where consultation with Indigenous groups is a requirement of a follow-up program, the Proponent shall discuss with each Indigenous group opportunities for the participation of that Indigenous group in the implementation of the follow-up program as set out in condition

12 Item Category Condition Timing/ Applicability to EER 2.6 General conditions The Proponent shall, commencing in the reporting year that implementation of the conditions set out in this Decision Statement begins, prepare an annual report that sets out: the activities undertaken in the reporting year to comply with each of the conditions set out in this Decision Statement; how the Proponent complied with condition 2.1; for conditions set out in this Decision Statement for which consultation is a requirement, how the Proponent considered any views and information that the Proponent received during or as a result of the consultation; the results of the follow-up program requirements identified in conditions 4.3, 5.5 and 6.4; and any additional mitigation measures implemented or proposed to be implemented by the Proponent, as determined under condition General conditions The Proponent shall submit to the Agency the annual report referred to in condition 2.6, including an executive summary in both official languages, no later than June 30 following the reporting year to which the annual report applies. 10

13 Item Category Condition Timing/ Applicability to EER 2.8 General conditions The Proponent shall publish on the Internet, or any medium which is widely publicly available, the annual report and the executive summaries referred to in conditions 2.6 and 2.7, the plan(s) to offset the loss of fish and fish habitat referred to in condition 3.7, the communication plans referred to in conditions 5.7, 6.5 and 8.5, the reports referred to in conditions and 8.4.4, the implementation schedule referred to in condition 9.1 and any update(s) or revision(s) to the above documents, upon submission of these documents to the parties referenced in the respective conditions. The Proponent shall keep these documents publicly available until the end of decommissioning of the Designated Project. The Proponent shall notify the Agency and Indigenous groups of the availability of these documents once they are published. 2.9 General conditions The Proponent shall notify the Agency and Indigenous groups in writing no later than 60 days after the day on which there is a transfer of ownership, care, control or management of the Designated Project in whole or in part General conditions The Proponent shall consult with Indigenous groups prior to initiating any material change(s) to the Designated Project that may result in adverse environmental effects, and shall notify the Agency in writing no later than 60 days prior to initiating the change(s). 11

14 Item Category Condition Timing/ Applicability to EER 2.11 General conditions In notifying the Agency pursuant to condition 2.10, the Proponent shall provide the Agency with an analysis of the adverse environmental effects of the change(s) to the Designated Project, as well as the results of the consultation with Indigenous groups. 3.1 Fish and fish habitat The Proponent shall implement erosion and sediment control measures during all phases of the Designated Project, including measures for sedimentation catchments downstream of active construction areas. 3.2 Fish and fish habitat The Proponent shall comply with the Metal Mining Effluent Regulations and subsection 36(3) of the Fisheries Act regarding the deposit of effluent to waters frequented by fish from the Designated Project, taking into account the Canadian Council of Ministers of the Environment s Water Quality Guidelines for Protection of Aquatic Life. In doing so, the Proponent shall: manage potentially acid generating mine waste to avoid acid generation and metal leaching into the environment; implement seepage control measures at the tailings management facility; collect effluent produced by the Designated Project before it is deposited in water frequented by fish; and treat process water for cyanide prior to directing it into the tailings management facility. 12

15 Item Category Condition Timing/ Applicability to EER 3.3 Fish and fish habitat The Proponent shall treat at the polishing pond any effluent produced by the Designated Project prior it is deposited to waters frequented by fish if required to comply with condition Fish and fish habitat The Proponent shall conduct in-water construction activities during timing windows of least risk for the area, unless otherwise agreed to by relevant federal and provincial authorities. If in-water construction activities cannot be conducted during identified timing windows of least risk, the Proponent shall develop and implement additional mitigation measures, in consultation with Fisheries and Oceans Canada, to protect fish during sensitive life-stages. 3.5 Fish and fish habitat The Proponent shall, in a manner consistent with the Fisheries Act, relocate fish to suitable habitats prior to fish habitat alteration or loss, taking into consideration environmental conditions and lifecycle requirements of the fish species that are relocated. 13

16 Item Category Condition Timing/ Applicability to EER 3.6 Fish and fish habitat The Proponent shall design, construct and operate realignment channels and dams in a manner that will maintain fish habitat during all phases of the Designated Project and be consistent with any offsetting plan. In doing so, the Proponent shall maintain fish passage in the realigned channels and the natural channels impacted by the Designated Project, including between Bagsverd Lake and Neville Lake. Specific reference to Bagsverd Lake Neville Lake realignment no longer applies. Condition is applicable to realignment channels and dams described in the EER. Realignment channels include between Clam Lake to New Lake and New Lake to Three Duck Lake (Upper). 3.7 Fish and fish habitat 3.8 Fish and fish habitat The Proponent shall, to the satisfaction of Fisheries and Oceans Canada and Environment and Climate Change Canada, and in consultation with Indigenous groups, develop and implement any plan(s) required to offset the loss of fish and fish habitat associated with the carrying out of all phases of the Designated Project. For any fish habitat offset areas proposed in any offsetting plan(s) under condition 3.7 and prior to submitting a plan to Fisheries and Oceans Canada and Environment and Climate Change Canada, the Proponent shall determine whether there are adverse effects: on migratory birds and their habitats; Plan development: Plan implementation: 14

17 Item 3.8 Category Condition Timing/ Applicability to EER Fish and fish habitat on terrestrial species, including amphibians and reptiles, and their habitats; on listed species at risk and their habitats; on health and socio-economic conditions; on current use of lands and resources for traditional purposes; on the flow rates, water depths or water widths that may affect the passage of a vessel, including a vessel used by Indigenous Peoples in the context of their current use of lands and resources for traditional purposes; on physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance; and from potential sources of contamination including iron, copper and zinc in the receiving environment. 3.9 Fish and fish habitat The Proponent shall, if there are adverse effects on any of the elements set out in conditions to avoid or lessen those effects. 15

18 Item Category Condition Timing/ Applicability to EER 4.1 Migratory birds The Proponent shall carry out all phases of the Designated Project in a manner that protects migratory birds and avoids harming, killing or disturbing migratory birds or destroying, disturbing or taking their nests or eggs. In this regard, the Proponent shall take into account Environment and Climate Change Canada s Avoidance Guidelines. The Proponent s actions in applying the Avoidance Guidelines shall be in compliance with the Migratory Birds Convention Act, 1994 and with the Species at Risk Act. 4.2 Migratory birds The Proponent shall control mine site lighting, including direction, timing and intensity, during all phases of the Designated Project, to avoid adverse effects on migratory birds while meeting operational health and safety requirements. 4.3 Migratory birds The Proponent shall develop prior to construction, and implement during all phases of the Designated Project, a follow-up program to determine the effectiveness of the mitigation measures used to avoid harm to migratory birds, their eggs and nests, including the measures used to comply with conditions 4.1 and 4.2. Program development: Program implementation: 16

19 Item Category Condition Timing/ Applicability to EER 5.1 Current use of lands and resources for traditional purposes and socio-economic conditions The Proponent shall maintain ground cover vegetation and use mechanical methods for controlling vegetation along the transmission line right of way during all phases of the Designated Project. In the event that mechanical methods are not practicable or effective to control vegetation, the Proponent shall consult with Indigenous groups on the timing and application of chemical agents. 5.2 Current use of lands and resources for traditional purposes and socio-economic conditions The Proponent shall undertake progressive reclamation of the habitats impacted by the Designated Project at the mine site by using native species. 5.3 Current use of lands and resources for traditional purposes and socio-economic conditions The Proponent shall, in consultation with Indigenous groups, other canoe and portage route users, and Transport Canada, establish route alternatives where existing canoe and portage access is adversely affected by the Designated Project, and maintain the alternative routes accessible during all phases of the Designated Project. 5.4 Current use of lands and resources for traditional purposes and socio-economic conditions The Proponent shall, following consultation with Indigenous groups, and only to the extent that such access is safe, provide access within the property boundary to Indigenous groups for traditional purposes, during all phases of the Designated Project. 17

20 Item Category Condition Timing/ Applicability to EER 5.5 Current use of The Proponent shall, in consultation with Indigenous lands and groups, develop and implement a follow- up program resources for related to the effects of changes to the environment traditional caused by the Designated Project on harvesting, fishing, purposes and hunting or trapping activities for traditional purposes by socio-economic conditions Indigenous groups, to verify the accuracy of the environmental assessment and to determine the effectiveness of the mitigation measures implemented to address those effects. The Proponent shall implement the follow-up program during all phases of the Designated Project. 5.6 Current use of lands and resources for traditional purposes and socio-economic conditions In the event that the Proponent has not commenced construction within five years of the date of issuance of this Decision Statement, the Proponent shall, in consultation with Indigenous groups: determine if there have been any changes to the current use of land and resources for traditional purposes since the issuance of this Decision Statement; in the event that a change is identified pursuant to condition 5.6.1, determine whether additional adverse environmental effects on the current use of land and resources for traditional purposes will result and determine whether additional mitigation measures are required; 18

21 Item 5.6 Category Condition Timing/ Applicability to EER Current use of lands and resources for traditional purposes and socio-economic conditions provide the Agency with the analysis carried out in accordance with conditions and 5.6.2, as well as the results of consultation with Indigenous groups; and if additional mitigation measures are required pursuant to condition 5.6.2, implement these additional mitigation measures and monitor them as part of the follow-up program identified in condition Current use of lands and resources for traditional purposes and socio-economic conditions 6.1 Health of Indigenous Peoples The Proponent shall develop and implement a communication plan, in consultation with Indigenous groups, in order to keep the Indigenous groups informed of the results of the follow-up program specified in condition 5.5 and of the implementation schedule and any updates or revisions to that schedule, as referred to in conditions 9.1 to 9.3. The Proponent shall begin implementation of the communication plan before the start of the construction phase and end following decommissioning. The Proponent shall, during all phases of the Designated Project, implement measures to mitigate emissions of fugitive dust and airborne contaminants, including metals from the Designated Project. Plan development: Plan implementation: Through to All Project. 19

22 Item Category Condition Timing/ Applicability to EER 6.2 Health of Indigenous Peoples construction of realignment channels and dams, the Proponent shall remove terrestrial vegetation and organic soils in the portion of the south arm of Bagsverd Lake that will be flooded as a result of the Designated Project.. Specific reference to Bagsverd Lake no longer applies. Condition is applicable to terrestrial areas flooded during construction of realignment channels and dams, as described in the EER. 6.3 Health of Indigenous Peoples The Proponent shall, prior to construction and in consultation with Indigenous groups, identify measures to deter ungulates and birds from frequenting the tailings management facility and polishing pond, and implement those measures during operation and decommissioning. Identify measures: Prior to Implement measures: Operations and Closure 20

23 Item Category Condition Timing/ Applicability to EER 6.4 Health of Indigenous Peoples In order to verify the accuracy of the environmental assessment and to determine the effectiveness of the mitigation measures identified in conditions 6.1, 6.2 and 6.3, the Proponent shall, in consultation with Indigenous groups, develop and implement a follow-up program related to the health of Indigenous peoples that shall include: monitoring the air quality for total suspended particulates, particulate matter (PM10), fine particulate matter (PM2.5), nitrogen oxides and hydrogen cyanide, at a minimum at locations where the highest concentrations of these contaminants are expected within areas where navigation and other current use of lands and resources for traditional purposes occur. The Proponent shall use the 24-hour and 1-hour recommended levels of the Canadian Council of Ministers of the Environment's Canadian Ambient Air Quality Standards and the Ontario Ambient Air Quality Criteria as benchmarks. The Proponent shall conduct this air quality monitoring from the beginning of construction until two years after the start of decommissioning; 21

24 Item 6.4 Category Condition Timing/ Applicability to EER Health of Indigenous Peoples monitoring dust deposition rates in areas within the property boundary where traditional plant harvesting occurs, to validate that dust deposition rates do not exceed 40 grams per square metre per year; monitoring methylmercury concentrations in surface water and fish tissue of northern pike, walleye, lake whitefish or yellow perch in all water bodies where an increase in water level is predicted as a result of the Designated Project, as well as all other water bodies directly connected to realignment channels, to confirm methylmercury levels do not increase. Methylmercury monitoring shall be implemented from the beginning of construction and occur every three years during the construction and operation phases. Starting at the beginning of the decommissioning phase, monitoring shall occur every five years for 25 years; and monitoring for the presence of ungulates and birds at the tailings management facility and polishing pond during operation and decommissioning. 22

25 Item Category Condition Timing/ Applicability to EER 6.5 Health of Indigenous Peoples The Proponent shall, in consultation with Indigenous groups, develop, prior to construction, and implement, during all phases of the Designated Project, a plan for communicating the results of the follow-up program referred to in condition 6.4 to the Indigenous groups. The plan shall include communication of any associated health risks, corrective measures to be taken to further reduce the release of contaminants or the exposure to contaminants referred to in condition 6.4. Plan development: Plan implementation: 7.1 Physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance The Proponent shall not disturb bald eagle (Haliaeetus leucocephalus) nests that are occupied within the Project footprint and shall consult with Indigenous groups pursuant to conditions 2.2 and 2.3 of this Decision Statement prior to removing any unoccupied bald eagle (Haliaeetus leucocephalus) nest that the Proponent needs to remove as a result of the Designated Project. 23

26 Item Category Condition Timing/ Applicability to EER 7.2 Physical and cultural heritage and structure, For archaeological remains or artefacts discovered by the Proponent prior to the start of, and during all phases of the Designated Project, the Proponent shall: site or thing of historical, immediately halt work at the location of the discovery; archaeological, paleontological or architectural have a qualified individual conduct an assessment at the location of the discovery; significance inform, forthwith, in writing, Indigenous groups of the discovery; and comply with any legislative or legal requirements respecting the discovery, recording, transferring, and safekeeping of archaeological remains or artefacts, including the Ontario Heritage Act and associated regulations and protocols. 24

27 Item Category Condition Timing/ Applicability to EER 7.3 Physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance The Proponent shall monitor, during the construction phase, the banks of all water bodies where a decrease in water level is predicted as a result of the Designated Project. In the event that archaeological remains or artefacts are exposed by lower water levels during any phase of the Designated Project, the Proponent shall follow the procedures set out in condition Physical and cultural heritage and structure, site or thing of historical, archaeological, paleontological or architectural significance The Proponent shall not undertake any physical activity within 20 metres around the Makwa Point (CjHl-3), Bagsverd Creek 1 (CjHl-27) and Table Point (CjHl-17) archaeological sites during all phases of the Designated Project, unless required to do so to protect the integrity of the sites. 25

28 Item Category Condition Timing/ Applicability to EER 8.1 Accidents or malfunctions The Proponent shall take all reasonable measures to prevent accidents or malfunctions that may result in adverse environmental effects, including: designing, constructing and operating the retention dams and the tailings management facility dam to accommodate a 1-in-100-year 24- hour rainfall event; and designing, constructing and operating the tailings management facility dams taking into account the Canadian Dam Association Dam Safety Guidelines to withstand a 1-in year earthquake. The tailings management facility design shall include an emergency spillway to safely route a 1-in-1000 year flood event. 8.2 Accidents or malfunctions The Proponent shall, prior to construction, consult with Indigenous groups on the measures to be implemented to prevent accidents or malfunctions. 8.3 Accidents or malfunctions The Proponent shall, prior to construction and in consultation with relevant federal and provincial authorities and Indigenous groups, develop an emergency response plan in relation to the Designated Project. 26

29 Item Category Condition Timing/ Applicability to EER 8.4 Accidents or malfunctions In the event of an accident or malfunction with the potential to cause adverse environmental effects, the Proponent shall implement the emergency response plan referred to in condition 8.3 and shall: notify relevant federal and provincial authorities and Indigenous groups of the accident or malfunction as soon as possible and, in writing, the Agency; implement immediate measures to mitigate any adverse environmental effects associated with the accident or malfunction; submit a written report to the Agency no later than 30 days after the day on which the accident or malfunction took place. The written report shall include: a description of the accident or malfunction and of its adverse environmental effects; the measures that were taken by the Proponent to mitigate the adverse environmental effects of the accident or malfunction; 27

30 Item 8.4 Category Condition Timing/ Applicability to EER Accidents or malfunctions any views received from relevant federal and provincial authorities and Indigenous groups with respect to the accident or malfunction, its adverse environmental effects or measures taken by the Proponent to mitigate adverse environmental effects; a description of any residual adverse environmental effects, and any additional measures required by the Proponent to mitigate residual adverse environmental effects; and details concerning the implementation of the emergency response plan referred to in condition submit a written report to the Agency no later than 90 days after the day on which the accident or malfunction took place, on the changes made to avoid a subsequent occurrence of the accident or malfunction, and on the implementation of any additional measures to mitigate residual adverse environmental effects taking into account the information in the written report submitted pursuant to condition

31 Item Category Condition Timing/ Applicability to EER 8.5 Accidents or malfunctions The Proponent shall develop and implement a communication plan in consultation with Indigenous groups. The communication plan shall be developed prior to construction and shall be implemented and maintained up to date during all phases of the Designated Project. The plan shall include: Plan development: the types of accidents or malfunctions requiring a notification by the Proponent to the respective Indigenous groups; the manner by which Indigenous groups shall be notified by the Proponent of an accident or malfunction and of any opportunities for the Indigenous groups to assist in the response to the accident and malfunction; and the contact information of the representatives of the Proponent that the Indigenous groups may contact and of the representatives of the respective Indigenous groups to which the Proponent provides notification. Plan implementation:. 9.1 Implementation schedule The Proponent shall submit an implementation schedule for conditions contained in this Decision Statement to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, at least 30 days prior to the start of construction. The implementation schedule shall indicate the commencement and completion dates for each activity relating to conditions set out in this Decision Statement. 29

32 Item Category Condition Timing/ Applicability to EER 9.2 Implementation schedule The Proponent shall submit an update to this implementation schedule in writing to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, every two years on or before June 30, until completion of the activities. 9.3 Implementation schedule The Proponent shall provide the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, with a revised implementation schedule if any material change(s) occur from the initial schedule referred to in condition 9.1 or any subsequent update(s). The Proponent shall provide the revised implementation schedule at least 30 days prior to the implementation of the change Record keeping The Proponent shall maintain all records relevant to the implementation of the conditions set out in this Decision Statement, including any records that the Agency or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012 may consider relevant. The proponent shall provide the aforementioned records to the Agency, or anyone designated pursuant to section 89 of the Canadian Environmental Assessment Act, 2012, upon demand within a timeframe specified by the Agency or the designated person. 30

33 Item Category Condition Timing/ Applicability to EER 10.2 Record keeping The Proponent shall retain all records referred to in condition 10.1 at a facility in Canada. The records shall be retained and made available throughout construction and operation, and until the end of decommissioning of the Designated Project. The Proponent shall notify the Agency at least 30 days prior to any change to the physical location of the facility where the records are retained, and shall provide the address of the new location. 31

34 D-2: Provincial EA Conditions Review

35 CÔTÉ GOLD PROJECT - ENVIRONMENTAL EFFECTS REVIEW Provincial EA Conditions Review The Environmental Effects Review (EER) process included a review of the conditions of approval outlined in the Notice of Approval to Proceed with the Undertaking issued under Section 9 of the Ontario Environmental Assessment Act by the Provincial Minister of the Environment and Climate Change on December 22, The review was conducted to confirm applicability of the EA conditions in context of the refinements to the Project as described in the EER. Results of the review are presented in the table below. Item Category Condition Timing/ Applicability to EER 1 Definitions For the purposes of these conditions: Revision Requested "Aboriginal Communities that were notified of the Undertaking during the Environmental Assessment" means: Aundeck Omni Kaning First Nation; Beaverhouse First Nation; Brunswick House First Nation; Chapleau Ojibwe First Nations, Conseil de la Premiere Nation Abitibiwinni, Flying Post First Nation (represented by Wabun Tribal Council); Matachewan First Nation; Mattagami First Nation (represented by Wabun Tribal Council); Missanabie Cree First Nation; M'Chigeeng First Nation; Serpent River First Nation; Taykwa Tagamou Nation; Wahgoshig First Nation; Metis Nation of Ontario - Region 3 (which represents Northern Lights and Temiskaming Metis Councils). "" refers to physical construction activities, including Site preparation, but does not include the tendering of contracts. Site preparation includes: initiation of overburden stripping; establishment of water management and flood protection infrastructure; construction of dams and water realignment channels/ditches; and, construction of support buildings and infrastructure. The Undertaking has been updated and is described in the EER project description (Chapter 4). The EER documents the changes to the Undertaking and net effects of the changes as required by Condition IAMGOLD respectfully requests that the Ministry conduct a review of the communities that should be engaged and/or notified by the Project for the life of the Project (construction, operations, closure and post-closure). It is IAMGOLD s opinion that the list of communities that were notified of the Undertaking during the EA includes communities whose traditional territories and/or treaty areas are not affected by the Project and as such, the Project will not affect their ability to exercise their Aboriginal or treaty rights. Further, Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

36 Item 1 Category Condition Timing/ Applicability to EER Definitions "Director" means the Director of the Environmental Approvals Branch. "Date of Approval" means the date on which the Order in Council pertaining to the approval of the Environmental Assessment was signed by the Lieutenant Governor-in Council. "District Manager" means the Manager of the Ministry's Timmins District Office. "EAB" means the Environmental Approvals Branch of the Ontario Ministry of the Environment and Climate Change. the list of communities as currently defined places an unnecessary burden of communication on IAMGOLD and a potentially onerous burden on communities to manage the information flow from IAMGOLD throughout the life of the Project. IAMGOLD is currently making efforts to seek confirmation on the interest of the 14 Aboriginal communities, as defined by the Ministry, in the Project, including continued interest in receiving information about the Project. "Environmental Compliance Approval Director" means the director within the Ministry of the Environment and Climate Change responsible for approving Environmental Compliance Approval applications. "Environmental Assessment" means the document titled Final Environmental Assessment Report (Amended Environmental Impact Statement) Cote Gold Project, January "Ministry" means the Ontario Ministry of the Environment and Climate Change. "Permit to Take Water Director" means the director within the Ministry of the Environment and Climate Change responsible for approving Permit to Take Water applications. "Proponent" means IAMGOLD Corporation, its agents, successors and assigns. "Regional Director" means the Director of the Ministry's Northern Regional Office. Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

37 Item 1 Category Condition Timing/ Applicability to EER Definitions "Site" means the physical area overprinted by mine-related project components (e.g. open pit, tailings management area, mine rock area, ore stockpiles, polishing pond, processing plant, transmission line), in the Townships of Chester and Neville, in the District of Sudbury. "Undertaking" means the planning, design, construction, operation, closure and eventual rehabilitation of an open pit mine and ancillary components, as described in the Proponent's Environmental Assessment, generally comprised of but not limited to the following elements: Open pit, approximately 210 hectares (ha) in area, with a depth of approximately 550 metres; Mine rock area for approximately 20 million tonnes (Mt) of overburden and 850 Mt of mine rock; Ore processing plant; Tailings management area covering an area of approximately 840 ha to provide capacity for the storage of approximately 261 Mt of tailings over the expected life of the Undertaking; Water management facilities including drainage works, pipelines, water management ponds, dams, and watercourse realignments; Support facilities and infrastructure including but not limited to administrative buildings, accommodations, explosive facilities, as well as water and waste management facilities; Transportation infrastructure for the Site, including a realignment of two kilometres (km) of the existing EACOM forestry road and a new 8.5 km main access road; A new 230 kilovolt (kv) transmission line (approximately 120 km in length) connected to the existing Hydro One network in Timmins; and, The decommissioning, closure and post-closure of the mine and mine-related infrastructure. Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

38 Item Category Condition Timing/ Applicability to EER 2.1 General Requirements The Proponent shall comply with the provisions in the Environmental Assessment, which are hereby incorporated into this Notice of Approval by reference, except as provided in the conditions of this Notice of Approval and as provided in any other approval or permit that may be issued for the Site. Provisions will be updated to reflect the optimized Project as documented in the EER. 2.2 General Requirements These conditions of the Notice of Approval do not prevent more restrictive conditions being imposed under other statutes. 3.1 Public Record Where a document, plan or report is required to be submitted to the Ministry, the Proponent shall provide two copies of the final document, plan or report to the Director: a copy for filing in the specific public record file maintained for the Undertaking, and a copy for use by Ministry staff. The Proponent shall provide additional copies of the documents required for the public record file to the following for access by the public: a. Regional Director; b. District Manager; and c. IAMGOLD Corporation office in Gogama, Ontario. 3.2 Public Record The EAB file number EA and "EAIMS" file number shall be quoted on all documents submitted by the Proponent pursuant to Condition 3.1 of this Notice of Approval. 3.3 Public Record Without removing the requirement to comply with the foregoing Public Record conditions, the Proponent should also provide the documents itemized above on the Proponent's website for the Undertaking and through other means, as it considers appropriate. Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

39 Item Category Condition Timing/ Applicability to EER 4.1 Environmental Assessment Report The Proponent shall post the Cote Gold Environmental Assessment Errata document dated June 15, 2015 on the Proponent's website for the Undertaking. The Proponent shall update the Summary of the Environmental Assessment Report to reflect the addition of the Errata and to itemize what sections of the Environmental Assessment Report have been impacted by it, and shall post the updated Summary on the website. The Proponent shall update the Table of Contents of the Environmental Assessment Report to reflect that the Errata is included as part of Environmental Assessment Report, and shall post the updated Table of Contents on the website. 5.1 Compliance Monitoring Program Report The Proponent shall prepare and submit to the District Manager and Director, and make available to the public on the Proponent website, an Environmental Assessment Compliance Monitoring Program. 5.2 Compliance Monitoring Program Report The Compliance Monitoring Program Report shall be submitted 60 days before the start of or by such other date as may be agreed to in writing by the District Manager and Director. 5.3 Compliance Monitoring Program Report The Compliance Monitoring Program Report shall describe how the Proponent will monitor its fulfilment of: 1. The provisions of the Environmental Assessment pertaining to mitigation measures, public consultation, and additional studies and work to be carried out; 2. All other commitments made by the Proponent during the Environmental Assessment process including the Commitments Registry as contained in the Environmental Assessment Commitment Tables dated February 8,2016; and 3. The conditions included in this Notice of Approval. Commitments and provisions will be updated to reflect the optimized Project as documented in the EER. Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

40 Item Category Condition Timing/ Applicability to EER 5.4 Compliance Monitoring Program Report The Compliance Monitoring Program Report must contain an implementation schedule for, operations, and closure, as well as for monitoring during, operations and closure. 5.5 Compliance Monitoring Program Report When the Proponent submits the Compliance Monitoring Program Report to the District Manager and Director, the Proponent shall append a statement indicating that the Compliance Monitoring Program Report is intended to fulfil Condition 5 of this Notice of Approval. 5.6 Compliance Monitoring Program Report The District Manager or Director may require the Proponent to amend the Compliance Monitoring Program Report at any time. Should an amendment be required, the District Manager/Director will notify the Proponent, in writing, of the required amendment and the date by which the Proponent must complete the amendment and submit it to the District Manager/Director. Any of the Project 5.7 Compliance Monitoring Program Report The Proponent shall carry out the Compliance Monitoring Program, as detailed in the Compliance Monitoring Program Report, and as it may be amended by the District Manager/Director. All of the Project 5.8 Compliance Monitoring Program Report The Proponent shall make the documentation resulting from the fulfillment of the Compliance Monitoring Program available to the District Manager or Director upon request, in a timely manner, when so requested by Ministry staff in relation to an on-site inspection, an audit, a pollution incident report, or compliance. All of the Project 6.1 Compliance Reporting The Proponent shall prepare an annual Compliance Report which describes its compliance with the conditions of approval set out in this Notice of Approval, and which describes the results of the Proponent's Environmental Assessment Compliance Monitoring Program required by Condition 5 of this Notice of Approval. All of the Project Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File

41 Item Category Condition Timing/ Applicability to EER 6.2 Compliance Reporting The first annual Compliance Report shall be submitted to the District Manager and Director and made available to the public on the Proponent website within one year from the start of and shall cover all activities of the previous 12 month period. 6.3 Compliance Reporting Subsequent Compliance Reports shall be submitted to the District Manager and Director, and made available to the public, on or before the anniversary of the start of each year thereafter, until it has submitted its final Compliance Report. Each Compliance Report shall cover all activities of the previous 12 month period. 6.4 Compliance Reporting Once all conditions in this Notice of Approval have been satisfied, the Proponent shall indicate in its annual Compliance Report that the Compliance Report is its final Compliance Report, and that all conditions in this Notice of Approval have been satisfied. The District Manager and Director may vary the time at which the Proponent is to provide its final Compliance Report, and will state this in writing to the Proponent. Post-closure 6.5 Compliance Reporting The Proponent shall retain, either on Site or in another location approved by the District Manager or Director, a copy of each of the annual Compliance Reports and any associated documentation of compliance monitoring activities. 6.6 Compliance Reporting The Proponent shall make the Compliance Reports and associated documentation available to the District Manager and Director in a timely manner when requested to do so by Ministry staff. Provincial EA Conditions Review Approval issued under Section 9 of the Environmental Assessment Act EA File EA , EAIMS File